Case: Johnson v. Martin

COMPLAINT filed (9 pgs w/5 pgs Joint Appendix and Exhibits); case referred to Magistrate Judge Timothy P. Greeley and assigned to the Administrative Track (cep) (Entered: 03/28/2000)

RECEIPT #046533 in the amount of $150.00 submitted by pltf for filing fee (cep) (Entered: 03/28/2000)

Summons mailed to plaintiff to be completed and returned to clerk's office for signature; extra copies of complaint returned to pltf (erv)

ATTORNEY APPEARANCE by defts adding attorney(s) Christine M. Campbell (erv) (Entered: 05/05/2000)

MOTION by defts to extend time to answer w/brief in support and prf of svc (erv) (Entered: 05/05/2000)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to extend time to answer [4-1] to 7/10/00 (cc: all counsel) [EOD Date 5/26/00] (jld) (Entered: 05/26/2000)

MOTION by defts for Rule 12(b) dismissal and for summary judgment w/brief in support, Exhibits A to D-3 and prfsvc (cep) (Entered: 07/12/2000)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re defts' motion for Rule 12(b) dismissal [6-1] and motion summary judgment [6-2]; pltf to file a response by 8/16/00 (cc: all counsel) [EOD Date 7/20/00] (erv) (Entered: 07/20/2000)

EXHIBITS C and C-1 by defts Martin, Kapture, Newland and Moore re defts' motion for summary judgment [6-2] w/prfsvc (cep) (Entered: 07/24/2000)

EXHIBITS E-F2 by defts in support of Defts' Motion for Dismissal/Summary Judgment [6-2] w/prf of svc (cep) (Entered: 07/28/2000)

MOTION by pltf to extend time to respond to defts' motion for dismissal or summary judgment w/brief in support, exhibit A and certificate of mailing (erv) (Entered: 08/08/2000)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion to extend time to respond to defts' motion for dismissal or summary judgment [10-1][6-1][6-2] is granted; pltf to file response by 9/16/00 (cc: all counsel) [EOD Date 8/11/00] (cep) (Entered: 08/11/2000)

EXHIBIT F-4 by defts [6-2] and prfsvc (jld) (Entered: 08/16/2000)

RESPONSE by pltf to defts' motion for Rule 12(b) dismissal [6-1] and for summary judgment [6-2] w/memorandum of law, Exhibit A and verification of svc (cep) (Entered: 09/22/2000)

CHANGE OF ADDRESS by pltf (jld) (Entered: 01/03/2001)

OPINION (21 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

ORDER (1 pg) by Chief Judge Richard A. Enslen that defts' motion for Rule 12(b) dismissal [6-1] and for summary judgment [6-2] is GRANTED in part, and DENIED in part; pltf's complaint is DISMISSED w/regard to his due process and state law claims (cc: all counsel) [EOD Date 3/23/01] (cep) (Entered: 03/23/2001)

ORDER Setting Telephone Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 5/8/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 03/28/2001)

SUBSTITUTED APPEARANCE OF COUNSEL: terminating atty Christine M. Campbell for Moore, Newland, Kapture and Martin and substituting atty Wright w/prf of svc (cep) (Entered: 03/30/2001)

ANSWER to complaint by defts; w/affirmative defenses, jury demand and prf of svc (erv) (Entered: 04/09/2001)

JOINT STATUS REPORT by pltf and defts w/prf of svc (cep) (Entered: 05/04/2001)

MOTION by pltf for appointment of counsel w/brief in support and cert of mailing (cep) (Entered: 05/07/2001)

ATTORNEY APPEARANCE by pltf adding atty Daniel E. Manville w/cert of svc (cep) (Entered: 06/04/2001)

MOTION by pltf for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics w/brief in support, draft copy of first amended complaint and cert of svc (cep) (Entered: 06/05/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re pltf's motion for leave to file first amended complaint adding defts Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23-1] 7/6/01 (cc: all counsel) [EOD Date 6/8/01] (erv) (Entered: 06/08/2001)

ORDER APPOINTING COUNSEL (1 pg) by Magistrate Judge Timothy P. Greeley granting motion for appointment of counsel [21-1] and appoints Daniel Manville to represent the plaintiff (cc: all counsel) [EOD Date 6/13/01] (jld) (Entered: 06/13/2001)

ORDER Setting Rule 16 Scheduling Conference by Magistrate Judge Timothy P. Greeley; telephone status conf set for 11:00 a.m. on 7/24/01; joint status report to be filed 3 business days prior to the conference (cc: all counsel w/DCM and attachments) (cep) (Entered: 06/26/2001)

OPPOSITION by defts Martin, Kapture, Newland and Moore to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23-1] w/attachment and prf of svc (cep) (Entered: 07/03/2001)

REPLY by pltf to defts' opposition to motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23-1] w/attachment (cep) (Entered: 07/05/2001)

NOTICE of hearing: ; Telephone Rule 16 Scheduling Conf rescheduled 11:00 a.m. on 7/25/01 (cc: all counsel) (erv) (Entered: 07/12/2001)

ORDER (3 pgs) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren Melanics [23-1] is GRANTED (cc: all counsel) [EOD Date 7/25/01] (cep) (Entered: 07/25/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltf's motion for leave to file first amended complaint adding ptys Michael Jenkins, Vernon Pressley, J. Fondren and Melanics [23-1] is granted; pltf to effectuate service of amended complaint by 8/1/01; defts to file answer to amended complaint by 8/22/01; Telephone Rule 16 Scheduling Conf adjourned to 9:00 a.m. on 9/7/01; Joint Status report due 9/4/01 (cc: all counsel) [EOD Date 7/27/01] (cep) (Entered: 07/27/2001)

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief and for Damages for Named Pltfs Only (20 pgs) [1-1]; adding pltfs Michael Jenkins, Melanic Islam Palace, Vernon B. Pressley, Lacey Fondren, Morris Martin and defts Robert Mulvaney and Dan Bolden w/Cert of Svc (cep) (Entered: 08/01/2001)

MOTION by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin for class certification w/brief in support, attachments and cert of svc (cep) (Entered: 08/01/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley re motion for class certification [33-1]; defts to file response to pltfs' motion by 8/30/01 (cc: all counsel) [EOD Date 8/2/01] (cep) (Entered: 08/02/2001)

ATTORNEY APPEARANCE by pltf adding atty Michael J. Steinberg and Kary L. Moss w/cert of svc (cep) (Entered: 08/08/2001)

WAIVER OF SERVICE executed upon deft Robert Mulvaney; request for waiver sent on 7/24/01 (cep) (Entered: 08/06/2001)

WAIVER OF SERVICE executed upon deft Dan Bolden; request for waiver sent on 7/26/01 (cep) (Entered: 08/06/2001)

ANSWER to complaint by defts Martin, Kapture, Newland and Moore; w/affirmative defenses, jury demand and prf of svc (cep) (Entered: 08/27/2001)

BRIEF IN RESPONSE by defts Martin, Kapture, Newland and Moore to motion for class certification [33-1] w/Exhibits 1-3 and prf of svc (cep) (Entered: 09/05/2001)

PROOF OF SERVICE by defts Martin, Kapture, Newland and Moore for Deft Martin's Response to Pltf's First Request for Documents to Deft Martin, Deft Bolden's Response to Pltf's First Request for Documents to Deft Bolden and Deft Martin's Response to Pltf's First Set of Interrogatories for Deft Martin upon atty of record on 8/3/01 by US Mail (cep) (Entered: 09/05/2001)

NOTICE of hearing: Telephone Rule 16 Scheduling Conf set for 9:00 a.m. on 9/11/01 (cc: all counsel) (cep) (Entered: 09/05/2001)

THIRD JOINT STATUS REPORT by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Morris Martin and defts Bill Martin, Kapture, Newland and Moore (Patrick Wright signed for Daniel Manville "w/permission") (cep) (Entered: 09/05/2001)

REPLY BRIEF by pltfs Johnson, Jenkins, Melanic Islam Palace, Pressley, Fondren and Martin to defts' response to pltf's motion for class certification [33-1] w/Exhibits 1 and 2 and cert of svc (cep) (Entered: 09/13/2001)

ORDER TO CONSOLIDATE (2 pgs) by Magistrate Judge Timothy P. Greeley that 2:00-cv-75 and 1:01-cv-515 are consolidated for all future pretrial proceedings. All future pleadings should reflect both case captions and shall be docketed on 2:00-cv-75 and shall be assigned to Hon. Richard A. Enslen. The parties are advised that all pleadings must be filed in the traditional manner and may not be filed under the Court's new CM/ECF system (cc: all counsel) [EOD Date 9/24/01] (erv) (Entered: 09/24/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley that pltfs shall have until 10/31/01 to file a response to defts' motion for summary judgment filed in the case of Jenkins, et al. v. Martin, et al., Case No. 1:01-cv-515 (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

CASE MANAGEMENT ORDER (8 pgs) by Magistrate Judge Timothy P. Greeley joinder/amendment by 10/11/01; pltf's witnesses by 11/16/01; dft's witnesses by 12/14/01; interrogatories limited to 40 single part questions; depositions limited to 15 fact witnesses per party; time limits for depositions don't apply; jury trial set for 9:00 a.m. during 3/03 trial session in Kalamazoo; discovery completed by 6/28/02; motion filing ddl set for 7/31/02; settlement conf set for 9:00 a.m. on 1/22/03; final pretrial conference is scheduled for 2/18/03 at 2:30 p.m. before the Hon. Richard A. Enslen in Kalamazoo, MI (cc: all counsel) [EOD Date 9/26/01] (erv) Modified on 09/26/2001 (Entered: 09/26/2001)

PROOF OF SERVICE by defts Robert Mulvaney and Dan Bolden for deft Bolden's Response to pltfs 6th Request for Documents; and deft Mulvaney's Response to pltfs' 7th Request for Documents upon atty Daniel E. Manville by first class mail on 9/20/01 (erv) (Entered: 10/01/2001)

PROOF OF SERVICE by deft for defts Response to pltfs' 1st Request for Documents to Deft Bolden, Item 11; defts Response to pltfs' 5th Request for Documents to Deft Martin, Item 28; defts' Response to pltfs' 4th Request for Documents to deft Martin, Item 21; defts Response to pltfs' 1st Request for Documents to deft Bolden, Itembs 10b and 10c; and defts' Response to pltfs' First Request for Documents to Deft Mulvaney, Item 1 upon atty Daniel E. Manvill by First Class Mail on 8/23/01 (erv) (Entered: 10/01/2001)

NOTICE of hearing: re: pltf's motion to compel (#11 in case 1:01-cv-515) set for 10/23/01 at 1:30 p.m. (cc: all counsel)(erv) Modified on 10/03/2001 (Entered: 10/03/2001)

PROOF OF SERVICE by deft for deft Bolden's Response to pltf's Second Request for Admission to Dan Bolden and deft Bolden's Response to pltf's Third Request for Admission to Dan Bolden upon atty of record by US Mail on 10/5/01 (erv) (Entered: 10/12/2001)

PROOF OF SERVICE by deft for deft Mulvaney's Response to plft's Eight Request for Documents; and deft Mulvaney's Response to pltf's Sixth Set of Interrogatories upon atty of record on 10/9/01 (erv) (Entered: 10/12/2001)

MOTION by pltf for leave to file second amended complaint w/brief in support, proposed second amended complaint and certificate of service (erv) (Entered: 10/16/2001)

NOTICE by pltf of withdrawal of ninth motion to compel discovery w/certificate of service (erv) (Entered: 10/11/2001)

PROOF OF SERVICE by deft for deft Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/9/01 (erv) (Entered: 10/16/2001)

PROOF OF SERVICE by deft for defendant Bolden's Response to Pltf's Seventh Request for Documents upon atty of record by US Mail on 10/16/01 (erv) (Entered: 10/19/2001)

OPPOSITION by defts to pltfs' motion for leave to file second amended complaint [53-1] w/prf of svc (erv) (Entered: 10/23/2001)

STIPULATION AND PROTECTIVE ORDER (3 pgs) by Magistrate Judge Timothy P. Greeley : for protective order (cc: all counsel) (erv) (Entered: 10/22/2001)

REPLY by pltfs to defts' opposition to pltfs' motion for leave to file second amended complaint [53-1] (erv) (Entered: 10/25/2001)

PROOF OF SERVICE by deft for Supplemental Attachments to Defts' Response to Pltf's Fourth Request for Documents to Deft Bolden, Item 19 upon atty of record by hand delivery on 10/26/01 (erv) (Entered: 11/01/2001)

ORDER (2 pgs) by Magistrate Judge Timothy P. Greeley granting pltfs' motion for leave to file second amended complaint [53-1]; pltfs shall file their second amended complaint w/in 30 days of the date of this order (cc: all counsel) [EOD Date 10/30/01] (erv) (Entered: 10/30/2001)

MOTION to intervene by USA w/brief in support and certificate of service (erv) (Entered: 11/05/2001)

ATTORNEY APPEARANCE by movant USA adding attorney(s) Charles R. Gross (erv) (Entered: 11/05/2001)

MOTION by movant Becket Fund for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment w/proposed brief and certificate of service (erv) (Entered: 11/01/2001)

EX-PARTE MOTION by pltf to exceed page limitation w/brief in support, proposed brief and certificate of service (erv) (Entered: 11/01/2001)

PROOF OF SERVICE by defts for Defendant's Supplemental Response to Plaintiffs' Fourth Request for Documents to Defendant Bolden, Item 20 (erv) (Entered: 11/06/2001)

AMENDED COMPLAINT ( 21 pgs) [1-1] w/certificate of service (erv) (Entered: 11/05/2001)

PROOF OF SERVICE by deft for deft Martin's Response to Amended Pltfs' 3rd Request for Admission to deft Martin by via hand delivery on 11/6/01 (erv) (Entered: 11/15/2001)

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : that the Court's Case Scheduling Order is modified in the following respects: defts' qualified brief due 12/14/01; pltfs' response due 1/14/02; defts' rply due 1/31/02 (cc: all counsel) (erv) (Entered: 11/15/2001)

MOTION by defts to extend time to file response to pltfs' and US Attorney's office reply until 12/4/01 w/prf svc (erv) (Entered: 11/20/2001)

PROOF OF SERVICE by deft Bill Martin for Response to Pltfs' 8th Request for Documents to deft Martin by US Mail on 11/13/01 (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

MOTION (Ex-Parte) by pltfs to exceed page limitation w/brief in support and proposed oversized brief (erv) (Entered: 11/15/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting motion to intervene by USA [63-1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [62-1] (cc: counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting Becket Fund for Religious Liberty's motion for leave to file brief Amicus Curiae in Opposition to defts' motion for partial summary judgment [61-1] (cc: all counsel) [EOD Date 11/16/01] (erv) (Entered: 11/16/2001)

STIPULATION AND ORDER ( 4 pgs) by Magistrate Judge Timothy P. Greeley : granting Intervenor USA's enlargement of page limit to file brief in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 (cc: all counsel) (erv) (Entered: 11/16/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting defts' motion to extend time [76-1]; defts shall have until 12/4/01 to file reply (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

OPPOSITION by movant The Becket Fund for Religious Liberty in Opposition to defts' Motion for Partial Summary Judgment w/certificate of service (erv) (Entered: 11/20/2001)

OPPOSITION by pltfs to defts' motion to dismiss (See #13 in 1:01-cv-515) (erv) (Entered: 11/20/2001)

OPPOSITION by intervenor USA to defts' motion for partial summary judgment (See #13 in 1:01-cv-515) and in support of the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 w/exhibits A-F and certificate of service (erv) (Entered: 11/20/2001)

PROOF OF SERVICE by deft Bill Martin for Attachments to Defendant Martin's Response to Plaintiffs' 8th Request for Documents to Defendant Martin via US Mail on 11/14/01 (erv) (Entered: 11/20/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion to exceed page limitation [69-1] (cc: all counsel) [EOD Date 11/20/01] (erv) (Entered: 11/20/2001)

MOTION by pltf for partial summary judgment as to confiscation and destruction of Melanic Literature w/brief in support (erv) (Entered: 11/20/2001)

WITNESS LIST submitted by pltf w/prf of svc (erv) (Entered: 11/20/2001)

MOTION by pltfs to modify and for sanctions w/brief in support, exhibits 1-17 and certificate of service (erv) Modified on 11/20/2001 (Entered: 11/20/2001)

MOTION by pltf for leave to file declaration of Plaintiff Michael Jenkins w/brief in support and proposed declaration (erv) (Entered: 11/26/2001)

MOTION by pltf for preliminary injunction w/brief in support, exhibits 1-9 and certificate of service (erv) (Entered: 11/29/2001)

MOTION by pltfs for immediate consideration of motion for preliminary injunction and to expedite briefing schedule w/brief in support and certificate of service (erv) (Entered: 11/29/2001)

CHANGE OF ADDRESS by pltf (erv) (Entered: 12/04/2001)

ANSWER to second amended complaint for declaratory and injunctive relief and for damages by defts; w/affirmative defenses and jury demand and prf of svc (erv) (Entered: 12/04/2001)

RESPONSE by defts to pltfs' motion to modify [82-1] protective orders and for sanctions [82-2] w/exhibit 1 and prf of svc (erv) (Entered: 12/06/2001)

REPLY by defts to pltfs' and the intervenor's response to their motion for partial summary judgment w/prf of svc (erv) (Entered: 12/07/2001)

ORDER (1 pg) by Magistrate Judge Timothy P. Greeley granting pltf's motion for leave to file declaration of Plaintiff Michael Jenkins [85-1] (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

DECLARATION by pltf of Michael Jenkins (erv) (Entered: 12/06/2001)

ORDER ( 1 pgs) by Magistrate Judge Timothy P. Greeley that defts are to file a response to pltf's motion to modify protective orders and for sanctions w/in 30 days (cc: all counsel) [EOD Date 12/6/01] (erv) (Entered: 12/06/2001)

ORDER (2 pgs) by Judge Richard A. Enslen denying pltfs' motion for immediate consideration of their motion for preliminary injunction and to expedite briefing schedule [87-1] (cc: all counsel) [EOD Date 12/12/01] (erv) (Entered: 12/12/2001)

REPLY by pltfs to defts' opposition to pltfs' motion to modify [82-1] and for sanctions [82-2] w/certificate of svc (erv) (Entered: 12/12/2001)

PROOF OF SERVICE by defts for Defendant Martin's Supplemental Response to Plaintiff's First Request for Documents to Defendant Martin upon atty of record by mail on 12/11/01 (erv) (Entered: 12/17/2001)

MOTION (Ex-Parte) by defts to exceed page limitation in brief in support of motion for qualified immunity w/brief in support (erv) (Entered: 12/19/2001)

MOTION (Ex-Parte) by defts to exceed page limitation in Reply Brief in Opposition to pltfs' motion for a preliminary injunction w/brief in support and proposed brief (erv) (Entered: 12/19/2001)